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About Weekly Oregon statesman. (Salem, Or.) 1900-1924 | View Entire Issue (Sept. 30, 1902)
WEEKLY OREGON STATESMAN, TUESDAT. TBEPTEJBEIl 'JO, 1J02. r:;rr: 3r: Send Your Iwlaia rdldrs to QJs If you ile out of town hjikI for siinijih'w of tho !ftw-I)n Goods, WaUtintj Trimmings, vtc. ?Gr STYLES... i. IS RIGHT NOW r " Stylish Purs... Smart Cloak 4 mi' Si. Holverson's Holverson's Holverson's Holverson's Holverson's Holverson's The Proudest Lad i Is he who isr wearing hia first watch for the first time. If it is in your mind tb make your boy such a gift we trust that the Harr store may receive a visit from you. Better Watches timn those you can buy ; hero nre not upoii the uiarkcf arid the sum required to purchase ono ismuch less; than you suppose. Barr's Je welry Store Corner Stmte mmd Llbtrty Sts.. Sm:em lormon Btsnooa Pi 1 1 FOR SALE BY Z. J. IUOGS. STIPULATION BEING SIGNED To Bring: the Suit in the Cos- per Estate to an i -; End i v : JRFFOHT MADR TO SRTTLR THK MATTrCH OUT OP COUllT AN AdnEKMKNT NOJV !IHCIILAT- IN(I TO .UK SION'fcP HY HKIRS AND OliKDlTynS. If ihe mov which In - now! beinje ma1 by the belrn ot th Vm.",Cwper r-tat and the creditors ot th OUbrt Br on. Hank la ever placed on rr-rord in the court, thjiult for an accuntlnK ntl rirflverfthlp In the State Circuit Court.- rntitlod Tllmon Ford, executor, plaintiff, VR, ' A. Gilbert, et 'at. de f?nd&nt, which haa been In lltisatton Inoe April 22, 1901, and prom lues to re main:. In the court :for ome time to come, will probably bo brought to a pey termination. The new phase of the case la In the form of a stipulation which has been drawn up and: signed iY a number of the helra and creditors, but several of these remain who have i'et tb m before the document will be Wed In court and become effective, s 4 The object of this stipulation la to .have the estate brought to a speedy and final settlement outside iof the , court and. when this Is brought about. '..to'have the suit now pending dis missed from the courts. The full text of the stipulation la reproduced here- twlth. aa rollows; :f r r..';., "In the Circuit Court of the Stated Oregon, for the County of Marion. De partment No. 2. .. -; "Tllmon Ford, as executor of the last wllliand testament and estate of Wm. Crr. deceased, plaintiff, vs. A. T. Ollbert and Mary E. Gilbert, hla wife, Qbert. and C. A. Gilbert, his wlfe defendants, and W. T. Slater, as receiver' of -the Williams' England Banking Company, an insolvent cor poration, and W. T. Slater In nis Indi vidual capacity, end M. I. Jnnm Ta- AVlnstanley iuf Wm. Fpayd. lnterveri-3 UIF, ... - : ; ! .. , a ...... . ,8 . ,: j, , ... "Come now alt of the parties litigant j V JkV YV billty, Hataoh,Unfiin to Marry t-P of J. J mrt, Varlooi V sk'viV or constipation, tac, Qulcfcna of Die Irf II Fn'Kf OP r . w. -J? tout TwttonlnK of Cyalfd. ufca.t M Uumoixw. l'l niiKr Cn-rv IW.UUO. Ir K- ttvJlKi. nt. cn M kwL I J VI i I MiiHin UMll, wtlul tliaped 4- We wish to emphasize the fact that the garments shown at our store are in keeping with the newest styles, and are "approved Ly the fore most fashion, authorities. The materials, the col orings, the cut and trimming, are all up-to-date, arid you an buy your new suit or cloak here with perfect con fidenoe that the styles are correct There U a wide variety, sufficient to fl ease all; tastes and j)ocket-lKoks. Our $10.00- Jackets are made in the same smart styles as the higher priced coats no other store shows such a line at Ten Dollars. Salem, Agents for the Pa lme r- "A nisfied" i Garments in the Land Lemdera Im Low Prices. mm m m so jmm w iaa o iiw Miw DKUaQlST. SALEM. OREGON. In the atKJve entitled cause and enter Into the following stipulation and aKreemcnts for -tho dlsjiosnl of the Indues in' said cause: ' . "F'irat It Is hereby stipulated and aitr'fd Iwtwwn the said plaintiff. Til- man Ford, as executor of the last will, testament and, estate of Wm. Cosper, deceased, and the said principal de fendant. A. T. OUhtit. ami Mary K. Gilbert, his wlf arid F. N. Gilbert and C A. Gilbert, his wife, that ald suit so rar as It iertalns to the Issues raied by the pleadings between .the plaintiff and the said : principal de fendants 'hatl not now be tried, but shall bj continued by this court, and (tnally dl!oed of as hereinafter agreeL ' "Second It Is hereby stipulated and agreed between the said plaintiff. Tll mon Ford, as executor as aforesaid, and the said Intervenors. M. I Jones. James Wihstanley. and Wrri. Spayd, that said suit so far, as it pertains to the Issues rained by the pleadings be tween the said plaintiff and the' said Intervenors, respecting "the alleged partnership, of the said Wm. jCosper. deceased, with the said A T. Gilbert and F, N. Olibett In the firm of Gilbert lirothers, be dismissed, and the said plaintiff, Tllmon Ford, may proccd at once to settle un the estate of Wm. Cosper, deceased, nd transfer and de liver alt of the property thereof, now in his possession as such executor, to the heirs, devisees, and legatees under the said last Will and testament of said Wm. Copper, deceased, - s i "Third 4t Is hereby stipulate! and agreed that said suit so far as pertains to the Issues raised - by the pleadings between the said Intervenors, W. T. Slater, as receiver of the Williams England Banking Company, an Insolv ent corporation, and W. T. Slater In his Individual capacity; M. I Jones. James WInstanley. and Wm. Spayd. respecting the alleged partnership of F, ST. Gilbert as one of the firm of Gil bert Brothers, be dismissed, , "Fouth It tIs stipulated and agreed between all Of said parties that the said plaintiff; Tllmon Ford, as such executor, idoea hereby-waive' all rights to participate In the distribution by this Court of any of the assets of the said A. T. Gilbert and Gilbert Brothers, ex cept as shown by tie claims which he has filed with the receiver as such ex ecutor, for -moneys on deposit In said bank, and belonging to the estate of W'nrosper at the date of 'the failure of said bank, and that the assets of said A. T. Gilbert and Gilbert Brothers majL' be distributed by this Court among all other parties and claimant making satisfactory proof ' to this Court of their rlsrhts to participate therein, and according : to their s re ' : ' 1 an d . . . spective equities. Including said plain tiff, Tllmon Ford, as such executor, for moneys on deposit in said Gilbert Brothers': Bank as aforesaid. . Fifth That when ail of said assets have been so distributed this suit shall be dismissed as to all parties, without prejudice to the rights of any.and that said Circuit Court make an order and decree in accordance with the term and provisions set forth In this stipulation." OREGON EXCHANGES. Woodbum Independent: M. II. Durst and brother, . R. II. Durst, of Wheatland, California, were n this cMy this 'week. R. If. Durst is manager of their extensive California hop yards, and Is here on a tour of inspection. M. It. Durst, who is backed by over $1,000,009. is here for choice hops, samples of which he Is now buying and shipping to Londan In order to, secure opinions on which bte regulate hfs future course. It grow ers of choice hops form a pool and de sire him to handle it, he wilt do so and advance on such hops within two cents a pound of the market price. Mr. Durst wants 25,000- pound of choice hops this season. - . . Woodburn Independent: Will Scol lard brougM a shamefaced porcupine to town Monday. It had been cap tured alive on place. The hair on This nib is nine Inches long and there Is r plentfful supply of quills. , K. 1. Remington gained possession of the animal and has It on exhibition In his stfM-e window. it Is his Intention to kill and mount K.' . , : : Forest Grove Times: Mr. Copeland, living near Reedvllle. has commenced suit against 18. W. Dant to recover 4 for loss of grain burned -a few weejes ago. Dant runs a steam threshing-machine and was to thresft Cone- land's grain. He pulled In where It was In stitck Just before noon 'and left the outfit i And Went to dlrrner. tn some way the engine started a fire wnno ail were gone and burned : the stacks. Dant offered to twv one-tHlr the loss, but Copeland rejected the of- ier ana sues ror the entire amount, TVseburg Review: John CaseKeer returned on Tuesday from. Salem where he attended the state vair ire brought home several head of fine pure blootf . Poland Chlna pigs purchased during his absence, nearly all of them being prise winners. He finds there Is a good demand for first-class, stock. He took to Salem, among others, two pigs which he had offered here at HZ.50 per Vead. ' Thev were dlsnosed of there at $2.2S each. He purchas ed' a blooded sow with six nru for $75. 5 Four of the Dies have already been disposed, of at $15 each. A male pig which he on rr hawed Is a sween. stakes prize winner and weighs about 65 pouhds. Mr. Casebeer now has some of the finest stock In this line In the state and will have It on exhibition at -the comlnr district fair. Aa K frequently been remarked. It pays to rai coon stocK, and more of our peo ple are beginning to realise thta faet No. use to raise hogs which take two years to mature. The most profitable stock Is ready for market at an Vetr or under, so the most successful grow ers aay, w-- .. Rosebtirg Review: While th State Fair last week Mrs. J. II. Short purchased a fine Hereford bull of Mr. Sparks, of Nevada, all of whos'ani. mala were awarded premiums. This s one or the finest animals ever; brought to the state. ; j i - - . i fXga Blanks. EUtesrnan Job 0Se. r ' - . i. k Lgal Blanks, Statesman Job Oflc. AID m Fur Jackets, Cluster Scarfs. lfcaa, Collarettes, 'jipe. Nothing so i stylish or handy as a Fur Wrap of s me sort. They've been stylish for .ask for George's Furs. The prices' range from The New Walking Skirts SO PKETTY AND SO MANY OF THEM. Every lady should have at least one walking skirt. We have some swell styles in all the new clothes every . skirt we sU is fitted to your form by our expert fitter 'and cutter. A strong Ihreail of economy runs through the entire line.; See those' at .-: - - , IS ALLOWED ; ONLY IN PART x . . '-.''' ; ; Brown & Wrightman's Claim Not Approved by the Court t. , - -V "TT JUDGE BOISE HOLDS THAT LESS THAN FIVU HUNDRED DOLLARS WILL PAY FOR THEIR SERVICER IN TUB aiLBET BANK CASE f - V - Judge R. P.! Boise of the second de partment of the State Circuit Court, yesterday rendered .his decision as to the claim of Brown & AVrlghtman, for the sum of $6,509 attorneys fees In de fending the Interests of A. T. Gilbert and Gilbert Bros, in all litigation arising; out of the closing of the Gil bert Bros. Rank, on April 22, 1901. This claim has been the subject of contention between the claimants and the creditors ever since it was filed and developed at the trial on Friday r and Saturday of lajst week, into a supreme contest between almost all of the lead ing attorneys In this city. The court disallowed the claim and held that the collateral which was delivered over to the flrri of Brown. Wrlghtman A. Myers at the'beglnnlng of the proceedings, amounting to $439.67 net to the firm, was ampie compensation-for all of the Services performed In all of the suits. In rendering his decision Judge Boise found the facta to be that the Gilbert Bros.. Bank was closed on April 22. 1901. at the close of business hours of that day a,nd did not open on tha succeeding, or 23d day of April, and then refused to pay checks of their depositors. ; T a . - That A. T. Gilbert "was served with the complaint and summons In the case of Emma Johnson, plaintiff, vs. Tllmon Ford, executor, and Gilbert Bros., et.aL defendants, an the 22d day of April,' and on April 23d the firm of Brown, Wrlghtman & Myers was re tained as attorneys by A. T. Gilbert to appear for him In that case and also to act as attorneys for him In any litiga tion tht might arise out of the closing of the bank of Gilbert Bros.: that the amount of their retainer and compen sation, for such services as they might be called upon to perform, was not then agreed upon by the parties, but on that day, to secure them for such contem plated legal services. A. T, Gilbert de livered to said firm certain .notes held by the bank against different persona and amounting to $884. which were to be held and collected by said firm and the proceeds applied in the payment of certain obligations held by relatives and clients of sakl firm and by the In dividual members - thereof. - against said bank, amounting to $44S. which left, after paying said claims the sum of $438.67 to be retained v by said firm for such service.? J ,- That after such retainer aaid . Una could not properly be retained by other persons, in any litiaration ' reat.it nr me closing or said bank. -,That the said proceedings In the United States District Court to declare A. T. Gilbert a bankrupt and also thlx suit is litigation Incident to the closing of said bank. -1 . --' " As a matter of law the court heldV- mat. me said contract of retainer was executory excepting that A. T niiKf had i,aid: or .,.ri kI -J"-;:..r"Awl ; w.tnsi .years they'll be even more stylish next. Wii seJI the tJV Jf fc. GEORGE furs made in Detroit. If you want a garment that will last; state, a ierson has a right to do so long as the transaction has no fraud about It.'.;.; 'V,:.''" That any contract between A, T. Gil bert and the claimants relative to fees for conducting such .-..litigation made after the closing of said 'bank and after the appointment of a receiver in the suit of Emma Johnson vs. Tllmon Ford, Gilbert Bros., et al, would not be a valid clalm against the assets now In the hands of the receiver In thlsv suit. That the contract of employment so far as : performed by A. T. Gilbert on April 23d. by delivering the said notes, was within his legal rlxhts, was not tainted with fraud, and Is binding upon the estate and the said claimants will be .permitted ..to retain the said collat eral as full rum pensji tion for their ser Vices which the court deemed amnle. As to the rcasnable value of their services the court said that under the law ofth case, an deelded by him It was notp-ce.sary for the; court to make any(!ndl!ig on that matter, but the court remarked that he did not consider neither the Emma Johnson suit or the bankruptcy proceeding as involving nroperty, or money in anv such amount as claimed, and it was merely a content as 1 what tribunal the parties would litigate the matter In controversy and that.after the de murrer had been sustained ' in tlie Emma Johnson suit the parties were Just where they were at ihe beginning, that is, that none, of their rlKhts had been -adlull-atel nn.l that thfn Court could not say that ll matters in con troversy would be any more honestly or efficiently, litigated In one -court than another, that it was not the bus iness of this court to criticise ' any other court, and hence this court Is bound to Tireaume that the nrobate court of Marion county, whic h had jur- j Isdiction of the Cosoer estate was en-! til fly competent to properly adjudicate any difference between the parties and hence It could not be said that the claimants, by assisting in defeating the proceedings in the Unlld rtatem Courts, had preserved tli" estat for the benefit of th rrditfrs. IIpSj lhM ratrmlderii t litfia t he wmrt .Hum I. lowed the whole of the claim of Brown & v rigntman, but alloweti them to re tain the collateral as compensation for their services. In the case of Clinton C. Palmer, plaintiff, vs. David Brand, defendant In department No. 1. aa action to re cover the sum of $2,2?S, aa rental upon No. 2, S and 4. of block 72. of Portland from April 28. 100. to December ai 1901, alleged to have been collected by the defendant, which the plaintiff claims as rightfully belonging to him oy, virtue oi oeing,; tne owner of said property, between tha da tea a foremen. tioned. and by reason of whleh mit n attachment was made upon the prop erty. tn defendant, by his; attorneys. W. D. Fen ton and Bronaugh aVBron- augh. yesterday moved the iuash the attachment on the ground mat tne claim sued In the plaintiff's compiaint is not such an one as en titles him to a writ of attachment un der th statutes of Oregon, and be cause the plaintiff's action Is not UDon a contract for the payment of money. -iuage lioise also allowed the claim of the First Congregational church of Salem,' for credit upon and return of a certain note, executed h w. Adalr. to Gilbert Bros., on November ii. 1B99, for the sum of $200. with In terest at 8 per cent and ordered that the receiver, Claud Gatch, deliver ald note over;, to the claimant upon receipt from the church, of the difference be tween the balance due on the note and the amount of $100, with Interest at 8 per cent from November 17, 1889.- -Klixabeth Rnlcknall vMttMa ni- tuted proceedings in the first depart- . . STiaNER'S MARKET. fhiebenit -S fn in eenta nee 1h. Spring, chickens 8 to10 cents perjb. mggs-zoc casn. THE MARKETS, PORTLAND. Or, Se-pt. 2. V Walla Walla, 2c; Bluestem. Valley, 64c. - San Francisco, $1.10. Sept. 29. Wheat Chicago, Sept. 29. Wheat Septem ber, opening, 8fiSr87c: closing. 87?i& 87. Barley and Flax not quoted. - THE MARKETS. The local market quotations' yester day wer a follows: Wheat M cents. Oats-80c for old: 75c new per cental. Hay Cheat, $7.60; clover $7.00; tim othy. $10; wheat. $8. Flour 75 to 86c per sack; $2.70 tb $3 per barrel. Mill Fee Bran, $11; shorts, 120. Butter 17c per pound (buying); ereamery, 20 t' Kggs 2pe cash. r Chickens S to 10 rents per lb. Spring chickens 8 to 10 cents ppf lb," Pork Gross. &CiC',c; dressed. c Meet Seers SQS'c; cost 8c; good- heifers 4c i Mutton Sheep, 2Hc on foot. v Veat-Mr (lreased. Potatoes KOo per bushel Wool Coarse. 14c; line. ISc i Buyerg and Shipper of Dealers in Hop Groium' Supplies FARM LOANS . Warehouses -at TURNER. MA CLEAT; PRATUM. BROOKS. SHAW. - 8ALBM. SWITZERLAND. HALSET. DERRT. , MFOR9. OF "ROTaL" FX3UR. J. G. GRAHAM, Manastr t07 Commercial St, Salem. rang 3 west, and for damages to 4he amount of $300. The plaintiff allere that, for more than lhlrlmn.k. t , w er Of a life estate tor th nrln nf hep Hfs In the above premises and that, for mor than six years past, tho defend- more man six years past, the defend- hea't 4: ; - - : -' mm, , V